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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (unfair sentencing) is too unreasonable for the Defendant (a 10-month imprisonment with prison labor and a 200-hour community service order) to be sentenced.
B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.
2. We also examine the reasons for each appeal by the Defendant and the Prosecutor.
The Defendant recognized the entire crime of this case as committing the crime of this case, and is against his mistake, there is no record of criminal punishment, and the Defendant has already been detained for about five months as a result of the crime of this case until the Defendant is released by the sentence of the lower judgment, and the criminal proceeds acquired by the crime of this case are not a relatively large amount, and the Defendant appears to have participated in the crime of this case according to the direction of the “C”, and the fact that the Defendant appears to have committed the crime of this case without any monetary suspicion in the circumstances of family members to support, is favorable to the Defendant.
On the other hand, the crime of this case is not good in light of the motive and method of crime, and the size of the account opened and transferred as a matter of course, etc., the crime of this case is committed in a case where the defendant opened a large number of false corporate accounts in accordance with the instruction of other accomplices, and interferes with the business of the affected banks, while transferring the access media connected with the corporate account opened falsely to the soliciting book of the passbook, and takes part of profits. The crime of this case is likely to be committed in light of the motive and method of crime, false establishment, and the amount of the account opened and transferred, etc., and the crime of this case also requires punishment corresponding to that of the defendant, even if it is necessary to provide the tool and the beginning for the crime
In full view of the above circumstances and all of the sentencing conditions as shown in the pleadings, such as the Defendant’s age, sex, environment, means and method of crime, result, etc., the sentence imposed by the lower court is too heavy or uneasible (in particular, the Defendant is at work).